MINUTES

Regular Meeting – Aurora City Council

Monday, August 25, 2008

1. RECONVENE REGULAR MEETING OF AUGUST 25, 2008 AND CALL TO ORDER

Mayor Tauer reconvened the regular meeting of City Council at 7:31 p.m.

2. ROLL CALL

PRESIDING: Mayor Tauer

COUNCIL MEMBERS PRESENT: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

COUNCIL MEMBER ABSENT: Frazier

OFFICIALS PRESENT: City Manager Miller, City Attorney Richardson,

City Clerk Johnson

3. MOMENT OF SILENCE

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. APPROVAL OF THE MINUTES OF THE MEETING OF AUGUST 11, 2008

Motion by Markert, second by Pierce, to approve the minutes of August 11, 2008 as presented.

Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Markert, Peterson, Pierce, Sandstrom, Wallace

Abstained: Hogan

6. CEREMONY

None.

7. PUBLIC INVITED TO BE HEARD (non-agenda related issues only)

None.

8. ADOPTION OF THE AGENDA

The agenda was adopted as presented.

9. CONSENT CALENDAR - 9a-9b

General Business

♦ a. Consideration to AWARD A COMPETITIVELY BID CONTRACT to Garney Construction, Littleton, Colorado in the amount of $14,726,000.00 for construction of the Marina Tank and Pump Station Project, Project Number 5151A. 

Motion by FitzGerald, second by Wallace, to approve item 9a.

Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

Final Ordinances

♦ b. Consideration of an ORDINANCE FOR FINAL of the City Council of the City of Aurora, Colorado, rezoning a parcel of land generally located at Northeast Corner of 6th Avenue and Airport Blvd. from M-1, Light Industrial District, to B-1, Retail Business District, and amending the Aurora Zoning Map accordingly (Aurora Convention Center)

Motion by Sandstrom, second by Beer, to approve item 9b.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

10. RESOLUTIONS

♦ a. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an agreement between the City of Aurora, Colorado, acting by and through its Utility Enterprise, Engle Homes Colorado, and the Sorrel Ranch Metropolitan District, regarding storm drainage construction and cost reimbursement for the Murphy and Tollgate Creek developments

Motion by Peterson, second by Broom, to approve item 10a.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ b. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, acting by and through its Utility Enterprise, and the Rockinghorse Metropolitan District No. 1, regarding water transmission construction and cost reimbursement.

Motion by Broom, second by FitzGerald, to approve item 10b.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ c. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving a second amendment to an Agreement dated February 7, 2005 between the City of Aurora, acting by and through its Utility Enterprise, and the Arapahoe County Water and Wastewater Authority (ACWWA) regarding the joint use of wastewater facilities

Motion by Peterson, second by Pierce, to approve item 10c.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ d. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Interconnection Agreement between the City of Aurora, acting by and through its Utility Enterprise, the Arapahoe County Water and Wastewater Authority (ACWWA), and the Metro Wastewater Reclamation District (Metro) for service in the Cherry Creek Corridor

Motion by Peterson, second by Wallace, to approve item 10d.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ e. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an amendment, No. 03-05.02B, to the 2003 Intergovernmental Agreement between the City of Aurora, Colorado, and the Urban Drainage Flood Control District for Aurora to fund $300,000 for improvements to the Sable Detention.

Motion by Markert, second by Beer, to approve item 10e.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ f. Consideration of a RESOLUTION of the City Council of the City of Aurora, Colorado, approving an Intergovernmental Agreement between the City of Aurora, Colorado, and the Urban Drainage Flood Control District for Aurora to fund $200,000 towards improvements regarding the Bolling Drive Tributary

Motion by Wallace, second by Markert, to approve item 10f.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

11. PUBLIC HEARING WITHOUT RELATED ORDINANCE

♦ a. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, declaring the existence of Bighted Area within the City and designating the area as appropriate for Urban Renewal. (Buckingham).

Andrea Amonick, Urban Renewal Manager, gave a brief presentation of the items.

Motion by Markert, second by Peterson, to approve item 11a.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ b. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, adopting an Urban Renewal Plan for the redevelopment of the Buckingham Urban Renewal Area.

Motion by Markert, second by Hogan, to approve item 11b.

Council Member Hogan pointed out urban renewal is often a source of contention with State Legislators and suggested that once approved, the City should be proactive in sending this information to every member of Colorado General Assembly as a perfect example of how to do it well under Urban Renewal laws in Colorado.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ c. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado,, amending the Fitzsimons Area Urban Renewal Plan by the exclusion of the certain property from the boundaries of the Fitzsimons Urban Renewal Area (Colorado Science and Technology Park).

Andrea Amonick, Urban Renewal Manager, gave a brief summary of Items 11c – f.

Michael Sheldon, Greenwood Village, Colorado, representing Forest City Fitzsimons, expressed appreciation to staff for their commitment to this effort.

Joan Holley, Aurora, Colorado, raised questions on the item, and expressed concerns regarding how this development would impact her property.

Mayor Tauer explained this item did not relate to condemning or selling land. This item related to property and sales tax generated from the campus project as it builds and grows, being put back into building roads in the project. He did not think it would impact Ms. Holley’s property. He recommended Ms. Holley speak with Ms. Amonick regarding her concerns.

Motion by Wallace, second by Hogan, to approve item 11c.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ d. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, declaring the existence of a blighted area within the City and designating the area as appropriate for Urban Renewal. (Colorado Science and Technology Park).

Motion by Wallace, second by Pierce, to approve item 11d.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ e. PUBLIC HEARING and consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, adopting an Urban Renewal Plan for the redevelopment of the Colorado Science and Technology Park Urban Renewal Area

Motion by Wallace, second by Peterson, to approve item 11e.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ f. Consideration to APPROVE A RESOLUTION of the City Council of the City of Aurora, Colorado, stating its intent with respect to the designation of future Tax Increment Areas pursuant to Section 6.7.3 of the Colorado Science and Technology Park Urban Renewal Area plan

Motion by Wallace, second by Hogan, to approve item 11f.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

12. ORDINANCES FOR INTRODUCTION

♦ a. Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, enacting Section 94-43 of the City Code of the City of Aurora, Colorado relating to offenses and luring of a child.

Motion by Peterson, second by Sandstrom, to introduce item 12a.

Council Member Sandstrom supported this item and suggested it would go a long way in protecting children. She asked staff to discuss the item for the public’s benefit.

George Zierk, Deputy City Attorney, did so. He explained this was an attempt to fill a loophole in the State Statute regarding the luring or attempted luring of a child into a car without legal justification with the idea of protecting individuals under the age of 15.

Council Member Wallace pointed out occasionally City Council has to act on something on a local level before it was addressed at the State or Federal level. She expressed her appreciation to Sergeant Joe Young, Crimes Against Children Division, City of Aurora Police Department, for bringing this item to Council’s attention.

Council Member FitzGerald concurred. He noted sometimes when the State legislates, the City, as a Home Rule City, was entitled to refine that legislation and make it better.

Council Member Peterson noted this item also protects someone attempting to do the right thing.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

♦ b Consideration of an ORDINANCE FOR INTRODUCTION of the City Council of the City of Aurora, Colorado, amending Section 138-223 of the City Code of the City of Aurora, Colorado, regarding water service provided outside the City Limits. STAFF SOURCE: Mark Pifher, Deputy Director, Aurora Water

Motion by Beer, second by Broom, to introduce item 12b.

Voting Aye: Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

13. RECONSIDERATIONS AND CALL-UPS

None.

14. GENERAL BUSINESS

a. Consideration to appoint one new member to a three-year term on the Aurora Commission for Seniors

Motion by Sandstrom, second by Peterson, to appoint Nancy Van Rikxoord to the Aurora Commission for Seniors.

Voting Aye: Mayor Tauer, Beer, Broom, FitzGerald, Hogan, Markert, Peterson, Pierce, Sandstrom, Wallace

15. REPORTS

a. Report by the Mayor

Mayor Tauer expressed congratulations to Council Member Beer on the new addition to his family.

b. Reports by the Council

Council Member Beer expressed appreciation to the 300+ Aurora Police officers who are doing a wonderful job lending a hand at the Democratic National Convention (DNC) in Denver.

Council Member Wallace concurred. She related her recent attendance at the reopening of Jamaica Elementary School, and expressed appreciation to the Aurora Public School staff on their efforts.

Council Member Sandstrom added her appreciation to those Aurora Police officers who are helping out with the DNC, and also to those who are taking extra duties here in Aurora.

Council Member Broom expressed appreciation to Mayor Tauer and the At-Large Council Member for their attendance at the recent Town Hall meeting at Heritage at Eagle Bend. He related the next Ward VI meeting was scheduled for September 9, 2008 at 7:00 p.m. at the Mission Viejo Library where the FasTracks Program and bus service in Southeast Aurora would be discussed.

Council Member Pierce related the success of the Town Hall Meeting at Heritage at Eagle Bend referred to by Council Member Broom.

Council Member Markert related her recent opportunity of welcoming the University of Colorado Medical Center’s first, second and third year medical students to their First Annual Health Action Conference, and of dedicating four new houses and ten new APS students to Aurora through the Home Builders Blitz of 2007. She expressed her appreciation to all those involved in both events. She noted the upcoming Ward IV meeting scheduled for Thursday, August 28, 2008 was cancelled. She invited all those interested to attend the Big Read Kick-Off event scheduled for Tuesday, September 2, 2008 at 6:00 p.m. at the Aurora Community College rotunda.

Council Member FitzGerald wished his daughter, Lauren, a happy 16^th birthday, and agreed with other Council Member comments regarding the great success of the recent Town Hall Meeting at Heritage at Eagle Bend, noting those residents are a very astute and wonderful group of people.

16. PUBLIC INVITED TO BE HEARD

None.

17. ADJOURNMENT

Mayor Tauer adjourned the regular meeting of City Council at 8:08 p.m.

_______________________________________

EDWARD J. TAUER, Mayor

ATTEST:

________________________________________

DEBRA JOHNSON, City Clerk